Settlement procedure under Article 14-quater of Law 287/1990
During investigations into suspected breaches of Article 101 or 102 TFEU and/or Article 2 or 3 of Law 287/1990, the Authority may explore whether the companies under investigation wish to engage in settlement discussions.
If the companies admit liability for the infringement and the Authority accepts their settlement proposal, the investigation can be brought to a close much sooner. This approach ensures a more efficient use of public and private resources and helps avoid unnecessary procedural burdens. The incentive for companies is a reduction in the fine imposed for the infringement.
The settlement procedure was introduced into the Italian competition framework by the 2021 Annual Law on Pro-competitive Reforms, which added Article 14-quater to Law 287/1990, aligning national law with EU rules.
Following this legislative change and a public consultation, the Authority adopted the Notice available at the bottom of this page. In line with EU competition rules, the Notice sets out the procedural framework for applying Article 14-quater of Law 287/1990 and the fine reductions available where the settlement procedure is successfully completed. The level of reduction varies depending on the nature of the infringement under investigation.
Notice on the enforcement of Article 14-quater of Law 287 of 10 October 1990 (AGCM Decision 30629 of 16 May 2023)